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partment of Defense notwithstanding any other contractor commitment of that contractor; and

(B) provide that the contractor operating the vessel for the Department of Defense shall be paid for that operation at fair and reasonable rates.

(5) The head of an agency may not delegate authority under this subsection to any officer or employee in a position below the level of head of a procuring activity.

(6) The head of an agency may not enter into a contract under paragraph (1) that would provide for payments to the contractor as authorized in paragraph (2)(E) until notice of the proposed contract is submitted to the congressional defense committees and a period of 90 days has elapsed. (1) DEFINITIONS.—In this section:

(1) The term “Fund” means the National Defense Sealift Fund established by subsection (a).

(2) The term “Department of Defense sealift vessel” means any ship owned, operated, controlled, or chartered by the Department of Defense that is any of the following:

(A) A fast sealift ship, including any vessel in the Fast Sealift Program established under section 1424 of Public Law 101-510 (104 Stat. 1683).

(B) A maritime prepositioning ship.
(C) An afloat prepositioning ship.
(D) An aviation maintenance support ship.

) A hospital ship.
(F) A strategic sealift ship.
(G) A combat logistics force ship.
(H) A maritime prepositioned ship.

(I) Any other auxiliary support vessel.
(3) The term “national defense sealift vessel” means,

(A) a Department of Defense sealift vessel; and

(B) a national defense reserve fleet vessel, including a vessel in the Ready Reserve Force maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744). (4) The term "congressional defense committees” means

(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and

(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

(5) The term "head of an agency” has the meaning given that term in section 2302(1) of this title. (Added P.L. 102–484, § 1024(a), Oct. 23, 1992, 106 Stat. 2486; amended P.L. 102–396, Oct. 6, 1992, 106 Stat. 1896; P.L. 104-106, $$ 1014(a), 1502(a)(15), Feb. 10, 1996, 110 Stat. 423, 503; P.L. 106–65, $$ 1014(b), 1015, 1067(1), Oct. 5, 1999, 113 Stat. 742, 743, 774; P.L. 106-398, $ 1[1011], Oct. 30, 2000, 114 Stat. 1654, 1654A-251; P.L. 107–107, § 1048(e)(9), Dec. 28, 2001, 115 Stat. 1228.) $ 2219. Retention of morale, welfare, and recreation funds by

military installations: limitation Amounts may not be retained in a nonappropriated morale, welfare, and recreation account of a military installation of an armed force in excess of the amount necessary to meet cash requirements of that installation. Amounts in excess of that amount shall be transferred to a single nonappropriated morale, welfare,

and recreation account for that armed force. This section does not apply to the Coast Guard. (Added P.L. 103–337, $373(a), Oct. 5, 1994, 108 Stat. 2736; amended P.L. 104-106, $341, Feb. 10, 1996, 110 Stat. 265.)

$ 2220. Performance based management: acquisition pro

grams (a) ESTABLISHMENT OF GOALS.—The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs.

(b) EVALUATION OF COST GOALS.- The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department. (Added P.L. 103–355, $ 5001(a)(1), Oct. 13, 1994, 108 Stat. 3349; amended P.L. 104-106, $$ 1503(a)(20), 4321(b)(1), Feb. 10, 1996, 110 Stat. 512, 671; P.L. 105–85, $ 841(a), Nov. 18, 1997, 111 Stat. 1843; P.L. 107–314, § 1041(a)(8), Dec. 2, 2002, 116 Stat. 2645.) [$ 2221. Repealed. Pub. L. 105–261, $ 906(f)(1), Oct. 17, 1998,

112 Stat. 2096] [$ 2222. Repealed. P.L. 107–314, § 1004(h)(1), Dec. 2, 2002, 116

Stat. 2631] $ 2223. Information technology: additional responsibilities of

Chief Information Officers (a) ADDITIONAL RESPONSIBILITIES OF CHIEF INFORMATION OFFICER OF DEPARTMENT OF DEFENSE.—In addition to the responsibilities provided for in chapter 35 of title 44 and in section 11315 of title 40, the Chief Information Officer of the Department of Defense shall

(1) review and provide recommendations to the Secretary of Defense on Department of Defense budget requests for information technology and national security systems;

(2) ensure the interoperability of information technology and national security systems throughout the Department of Defense;

(3) ensure that information technology and national security systems standards that will apply throughout the Department of Defense are prescribed;

(4) provide for the elimination of duplicate information technology and national security systems within and between the military departments and Defense Agencies; and

(5) maintain a consolidated inventory of Department of Defense mission critical and mission essential information systems, identify interfaces between those systems and other information systems, and develop and maintain contingency plans for responding to a disruption in the operation of any of those information systems.

(b) ADDITIONAL RESPONSIBILITIES OF CHIEF INFORMATION OFFICER OF MILITARY DEPARTMENTS. In addition to the responsibilities provided for in chapter 35 of title 44 and in section 11315 of title 40, the Chief Information Officer of a military department, with respect to the military department concerned, shall

(1) review budget requests for all information technology and national security systems;

(2) ensure that information technology and national security systems are in compliance with standards of the Government and the Department of Defense;

(3) ensure that information technology and national security systems are interoperable with other relevant information technology and national security systems of the Government and the Department of Defense; and

(4) coordinate with the Joint Staff with respect to information technology and national security systems. (c) DEFINITIONS. In this section:

(1) The term “Chief Information Officer” means the senior official designated by the Secretary of Defense or a Secretary of a military department pursuant to section 3506 of title 44.

(2) The term “information technology” has the meaning given that term by section 11101 of title 40.

(3) The term “national security system” has the meaning given that term by section 11103 of title 40. (Added P.L. 105–261, $331(a), Oct. 17, 1998, 112 Stat. 1967; P.L. 106–398, $ 1[811(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-210; P.L. 107–217, § 3(b)(1), Aug. 21, 2002, 116 Stat. 1295.) $ 2224. Defense Information Assurance Program 3

(a) DEFENSE INFORMATION ASSURANCE PROGRAM.-The Secretary of Defense shall carry out a program, to be known as the “Defense Information Assurance Program”, to protect and defend Department of Defense information, information systems, and information networks that are critical to the Department and the armed forces during day-to-day operations and operations in times of crisis.

(b) OBJECTIVES OF THE PROGRAM.—The objectives of the program shall be to provide continuously for the availability, integrity, authentication, confidentiality, nonrepudiation, and rapid restitution of information and information systems that are essential elements of the Defense Information Infrastructure.

(c) PROGRAM STRATEGY.-In carrying out the program, the Secretary shall develop a program strategy that encompasses those actions necessary to assure the readiness, reliability, continuity, and integrity of Defense information systems, networks, and infrastructure, including through compliance with subtitle II of chapter 35 of title 444, including through compliance with subchapter III of chapter 35 of title 44. The program strategy shall include the following:

3 Subsections (a) through (c) of section 921 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by P.L. 106–398; 114 Stat. 1654, 1654A-233) provide:

(a) ESTABLISHMENT.—The Secretary of Defense shall establish an Institute for Defense Computer Security and Information Protection. (b) MISSION.—The Secretary shall require the institute

(1) to conduct research and technology development that is relevant to foreseeable computer and network security requirements and information assurance requirements of the Department of Defense with a principal focus on areas not being carried out by other organizations in the private or public sector; and (2) to facilitate the exchange of information regarding cyberthreats, technology, tools, and

other relevant issues. (c) CONTRACTOR OPERATION.—The Secretary shall enter into a contract with a not-for-profit entity, or a consortium of not-for-profit entities, to organize and operate the institute. The Secretary shall use competitive procedures for the selection of the contractor to the extent determined necessary by the Secretary.

4 Section 3549 of title 44, United States Code, provides that subchapter II of such title (erroneously referred to as subtitle II in section 2224(c)) shall not apply while subchapter III of such title is in effect.

(1) A vulnerability and threat assessment of elements of the defense and supporting nondefense information infrastructures that are essential to the operations of the Department and the armed forces.

(2) Development of essential information assurances technologies and programs.

(3) Organization of the Department, the armed forces, and supporting activities to defend against information warfare.

(4) Joint activities of the Department with other departments and agencies of the Government, State and local agencies, and elements of the national information infrastructure.

(5) The conduct of exercises, war games, simulations, experiments, and other activities designed to prepare the Department to respond to information warfare threats.

(6) Development of proposed legislation that the Secretary considers necessary for implementing the program or for otherwise responding to the information warfare threat.

(d) COORDINATION.—In carrying out the program, the Secretary shall coordinate, as appropriate, with the head of any relevant Federal agency and with representatives of those national critical information infrastructure systems that are essential to the operations of the Department and the armed forces on information assurance measures necessary to the protection of these systems.

(e) ANNUAL REPORT.-Each year, at or about the time the President submits the annual budget for the next fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to Congress a report on the Defense Information Assurance Program. Each report shall include the following:

(1) Progress in achieving the objectives of the program.

(2) A summary of the program strategy and any changes in that strategy.

(3) A description of the information assurance activities of the Office of the Secretary of Defense, Joint Staff, unified and specified commands, Defense Agencies, military departments, and other supporting activities of the Department of Defense.

(4) Program and budget requirements for the program for the past fiscal year, current fiscal year, budget year, and each succeeding fiscal year in the remainder of the current futureyears defense program.

(5) An identification of critical deficiencies and shortfalls in the program.

(6) Legislative proposals that would enhance the capability of the Department to execute the program.

(7) A summary of the actions taken in the administration of sections 3534 and 3535 of title 44 within the Department of Defense.

(f) INFORMATION ASSURANCE TEST BED.-The Secretary shall develop an information assurance test bed within the Department of Defense to provide

(1) an integrated organization structure to plan and facilitate the conduct of simulations, war games, exercises, experiments, and other activities to prepare and inform the Department regarding information warfare threats; and

(2) organization and planning means for the conduct by the Department of the integrated or joint exercises and experi

ments with elements of the national information systems infrastructure and other non-Department of Defense organizations that are responsible for the oversight and management of critical information systems and infrastructures on which the Department, the armed forces, and supporting activities depend

for the conduct of daily operations and operations during crisis. (Added P.L. 106–65, $ 1043(a), Oct. 5, 1999, 113 Stat. 760; amended P.L. 106–398, $ 1[1063), Oct. 30, 2000, 114 Stat. 1654, 1654A-274; P.L. 107–296, § 1001(c)(1)(B), Nov. 25, 2002, 116 Stat. 2267.) $ 2224a. Information security: continued applicability of ex

piring Governmentwide requirements to the De

partment of Defense (a) IN GENERAL.—The provisions of subchapter II of chapter 35 of title 44 shall continue to apply through September 30, 2004, with respect to the Department of Defense, notwithstanding the expiration of authority under section 3536 of such title.

(b) RESPONSIBILITIES.-In administering the provisions of subchapter II of chapter 35 of title 44 with respect to the Department of Defense after the expiration of authority under section 3536 of such title, the Secretary of Defense shall perform the duties set forth in that subchapter for the Director of the Office of Management and Budget. (Added P.L. 107–314, $ 1052(b)(1), Dec. 2, 2002, 116 Stat. 2648.) § 2225. Information technology purchases: tracking and

management (a) COLLECTION OF DATA REQUIRED.-To improve tracking and management of information technology products and services by the Department of Defense, the Secretary of Defense shall provide for the collection of the data described in subsection (b) for each purchase of such products or services made by a military department or Defense Agency in excess of the simplified acquisition threshold, regardless of whether such a purchase is made in the form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement.

(b) DATA TO BE COLLECTED.—The data required to be collected under subsection (a) includes the following:

(1) The products or services purchased.

(2) Whether the products or services are categorized as commercially available off-the-shelf items, other commercial items, nondevelopmental items other than commercial items, other noncommercial items, or services.

(3) The total dollar amount of the purchase.

(4) The form of contracting action used to make the purchase.

(5) In the case of a purchase made through an agency other than the Department of Defense

(A) the agency through which the purchase is made; and

(B) the reasons for making the purchase through that agency.

(6) The type of pricing used to make the purchase (whether fixed price or another type of pricing).

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